How To Change Your Status From A B1B2 Visa To A Marriage-Based Green Card

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B1/B2 Visitor Visas has been one of the most
common as they allow visitors for business and
pleasure to visit the U.S. to engage in business
activities that are not employment permitted.
However, some people may be eligible for certain
exceptions and may apply for a Green Card
(Permanent Resident of the U.S.). There are
several instances when people visit the U.S. as a
B1/B2 visitor for business or pleasure, and they
get married to a U.S. citizen or a Green Card
Holder. If eligible they may apply for a
Marriage-Based Green Card to live with their
spouse legally in the U.S. While on B1/B2
visitor visa status, you may be able to apply for
a Green Card from within the U.S. through the
adjustment of status (AOS) process. If you apply
from your home country, you must follow "consular
processing." In this blog, we will cover both
options and help you ascertain the best way to
obtain a Green Card.
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90-Day Rule For B1/B2 Visitor Visa Holders
Choosing between AOS Consular Processing can be
complicated, and it depends on your eligibility
and personal choice and convenience. It is
crucial to understand that for B1/B2 visitors
visa holders applying for a Green Card via AOS
can be challenging as they might be under
additional scrutiny. The reason is that when you
enter the U.S. on B1/B2 Visa, you're declaring
that you intend to return home by the expiration
date of your authorized stay. If you apply for a
Green Card via Adjustment of Status, you might
misrepresent your intention in front of a USCIS
officer, who might reject your Green Card
application revoke your current visa. Hence,
it is recommended following the 90-Day rule,
which states that temporary visa holders applying
for a Green Card application within 90 days of
arrival in the U.S. are presumed to have
deliberately misrepresented their intent.
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We suggest waiting for 91 days or more after
entry into the U.S. on B1/B2 visitor visa before
filing your Green Card application to avoid
scrutiny of your application. At Salinas Law
Firm, we have highly experienced B1/B2 Visa
attorneys who have guided clients in successfully
obtaining Green Cards by suggesting the best
options and avoiding in-depth inquiries from
USCIS. Contact us for any questions regarding the
90-Day rule and consultation with our B1/B2 Visa
Lawyer in Houston, Texas.
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Applying For Green Card Through The Marriage Route

• Let us now walk you through two ways to apply for
  a Green Card through the marriage route. The
  process for B1/B2 Visa holders will differ
  depending on whether your partner is a Green Card
  holder or a U.S. citizen.

Option 1 If You're Married To A U.S. Citizen

• If you're married to a U.S. Citizen wish to
  obtain a Green card via AOS, the process will be
  similar to the procedure used by spouses living
  in the U.S. married to a U.S. Citizen. In this
  scenario, you your spouse must file the
  following forms
• Form I-130 (Family Sponsorship Form, also called
  Petition for Alien Relative) is to be filed
  signed by your spouse, B1/B2 Visa Holder.
• Form I-485 (Green Card Application Form, also
  called Application to Register Permanent
  Residence or Adjustment of Status) is to be
  filled out signed by B1/B2 visa holder spouse.

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You must prove that you married your U.S. Citizen
spouse in "good faith" and not for the solitary
aim of acquiring a Green Card. Your Green Card
application will be processed within 8-16 months
after USCIS receives your application package. If
you wish to obtain Green Card from your home
country, you must return to your home country
process the application via Consular Processing.
The local U.S. Embassy or Consulate will process
your case. You have to pay lower fees however,
the waiting time may be longer.
Option 2 If You're Married To A Green Card Holder
If you're married to a Green Card Holder and
applying for a Green Card via AOS, the Green Card
Holder's spouse must file Form I-130. Once it is
approved, you will get a priority date. After
your priority date becomes current, you can apply
for a Marriage-Based Green Card. Note Visa
Numbers are available faster to U.S. Citizens'
spouses than Green Card Holders' spouses.
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If your priority date is current, you may be able
to stay in the U.S. and follow the similar Green
Card application procedure followed by spouses
living in the U.S. married to a Green Card
holder. You must apply using Form I-485. After
your Marriage-Based Green Card Application is
approved, you will receive your physical Green
Card. However, suppose you receive a priority
date after your authorized stay ends. In that
case, you may be required to leave the U.S. and
apply for a Green Card via Consular Processing
through the procedure used by spouses living
abroad married to a Green Card holder. If you
require assistance regarding the procedure for
applying for a Green Card via AOS or Consular
Processing, our Visa Attorney in Houston, Texas,
will guide you through the entire process from
the fulfillment of eligibility criteria,
completing paperwork, gathering documents, filing
out required forms, and the interview
process. Our Visa Lawyer remains available at
every step of the way to ensure you smoothly
obtain your Marriage-Based Green Card without
unnecessary delays.
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Conclusion
After reading the blog, you will have a better
understanding of the 90-Day rule and two ways of
obtaining a Marriage-Based Green Card via AOS
Consular Processing. However, if you have any
questions, feel free to contact us. For any
assistance with applying for a Marriage-Based
Green Card or a standard Green Card or with
changing status from B1/B2 Visa to another from
within the U.S. or your home country, our highly
experienced Houston B1/B2 Visa Attorney will help
you with all the necessary support. For a
consultation with our Houston Visa Attorney,
contact us at 713.518.1711. Read more about
Green card application process for your spouse or
fiancé
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6060 Richmond Ave. 240, Houston, TX, USA - 77057
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713.518.1711